Comprehensive crisis system; Marcus alert system; Department of Behavioral Health and Developmental Services; comprehensive mental health, substance abuse, and developmental disability crisis services; written plan. Allows the Department of Behavioral Health and Developmental Services, in collaboration with the Department of Criminal Justice Services, to amend the written plan created pursuant to relevant law after the publication of such written plan, provided that (i) the stakeholders listed in relevant law are consulted during the development of any new language to be added to such written plan and (ii) a public comment period of no less than 30 days is held prior to the finalization of such written plan. The bill also provides that the written plan shall serve as the operational framework for relevant components of the comprehensive crisis system and the Marcus alert system and that state agencies and local implementing partners shall align their policies, procedures, and operations on an ongoing basis with the requirements and guidance set forth in the written plan, as amended. As introduced, this bill was a recommendation of the Behavioral Health Commission. This bill is identical to HB 453.
Victims of sex trafficking; minors; immunity to prosecution for prostitution. Provides that no minor shall be subject to arrest or prosecution for a qualifying offense, defined in relevant law, if at the time of the offense leading to such charge, such minor was a victim of sex trafficking, defined in relevant law. The bill also provides that such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to relevant law and a law-enforcement officer or the local department of social services may take custody of such minor. Lastly, the bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution.
Department of Criminal Justice Services; powers and duties; local and regional jails; repeal of model addiction recovery program. Removes the requirement that the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. This bill is a recommendation of the Joint Commission on Health Care and identical to SB 690.
Comprehensive crisis system; Marcus alert system; Department of Behavioral Health and Developmental Services; comprehensive mental health, substance abuse, and developmental disability crisis services; written plan. Allows the Department of Behavioral Health and Developmental Services, in collaboration with the Department of Criminal Justice Services, to amend the written plan created pursuant to relevant law after the publication of such written plan, provided that (i) the stakeholders listed in relevant law are consulted during the development of any new language to be added to such written plan and (ii) a public comment period of no less than 30 days is held prior to the finalization of such written plan. The bill also provides that the written plan shall serve as the operational framework for relevant components of the comprehensive crisis system and the Marcus alert system and that state agencies and local implementing partners shall align their policies, procedures, and operations on an ongoing basis with the requirements and guidance set forth in the written plan, as amended. As introduced, this bill was a recommendation of the Behavioral Health Commission. This bill is identical to SB 513.
Department of Corrections; functional literacy program for incarcerated individuals; Virginia Prison Education Task Force established; report. Requires the Superintendent employed by the Director of Corrections to (i) by January 1, 2027, develop a functional literacy program for inmates testing below at least an eighth grade level, instead of a twelfth grade level as required by current law, and include in such program evidence-based literacy instruction, as defined in accordance with applicable law; (iii) share data with (a) the state entity that oversees the management, direction, and governance of the Commonwealth's education and workforce data for the purpose of developing educational, health, social service, and employment outcome data and improving the efficacy of state services and (b) the Virginia Community College System necessary for comprehensive community colleges to apply for and maintain eligibility as Federal Pell Grant-eligible prison education programs; and (iv) track and publicly report at least annually the number of incarcerated individuals eligible for, enrolled in, and waitlisted for the literacy and education programs. The bill also establishes the Virginia Prison Education Task Force for the purpose of implementing a consistent education program across all state correctional facilities operated by the Department. The bill requires the Task Force to submit a report to the Governor and the General Assembly on its activities, findings, and recommendations by November 1, 2026. Finally, the bill requires the Department of Education to, by November 1, 2026, (a) review and update the salary schedules for teachers licensed by the Board of Education and employed by the Department of Corrections to provide instruction in the schools of the correctional centers to be competitive with those in effect for the school division in which the correctional facility is located and (b) make recommendations for the inclusion of such teacher salary increases in the appropriation act.
Issuance of vacatur for victims of human trafficking. Expands the current process for the issuance of writs of vacatur for victims of human trafficking to include ancillary matters, defined in the bill, and any charge or arrest related to a qualifying offense as defined in current law. The bill also expands the list of qualifying offenses eligible for such writ. This bill is identical to SB 748.
Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally. Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. As introduced, this bill was a recommendation of the Virginia Commission on Youth. This bill is identical to HB 438.
Modification of sentence for marijuana-related offenses. Creates a process by which a person adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The bill sunsets on July 1, 2029. This bill is identical to SB 62.
Discovery; methods of delivery; report. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law. The bill also directs the Department of Criminal Justice Services to evaluate and report, no later than November 1, 2026, the feasibility, costs, and other impacts with requiring the attorney for the Commonwealth to provide counsel of record for the accused a copy of any relevant police report at least 10 days prior to trial or preliminary hearing.
An Act to amend and reenact §§ 53.1-136, 53.1-154, 53.1-154.1, and 53.1-155 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 53.1-151.1, relating to discretionary parole criteria guidelines.
